High Court Directs State Bar Council to Decide Representation Regarding Alleged Illegal Constitution of Parallel Bar Bodies

The Petitioners, practicing advocates and members of the Tehsil Advocate Association, Kota (a body recognized by the State Bar Council of Chhattisgarh), challenged the formation of rival executive bodies within the Association

They alleged that in 2026, a parallel body of office bearers (Respondents 6 to 34) was nominated in a secretive manner without conducting any democratic elections, in violation of the Association’s bylaws

The Petitioners submitted representations to the State Bar Council (Respondent No. 2) on February 12, 2026, January 31, 2026, and March 12, 2026, seeking the appointment of an independent administrator and the conduct of fresh elections

Due to inaction by the authorities, the Petitioners approached the High Court under Article 226 of the Constitution of India

1. Whether the State Bar Council is obligated to decide upon the representation submitted by the Petitioners regarding the alleged illegal appointment of parallel executive bodies

The Court exercised its extraordinary jurisdiction under Article 226 of the Constitution of India, which empowers High Courts to issue directions or writs for the enforcement of legal rights.

While the judgment does not cite specific statutes, it relies on the administrative law principle that a statutory or recognized supervisory body (the State Bar Council) has a duty to consider and dispose of formal representations regarding the internal management and election disputes of its recognized constituent bar associations.

The Court did not delve into the merits of the allegations regarding the "secretive" nomination of office bearers or the violation of the Association’s Constitution.

Instead, it focused on the procedural grievance that a representation remained pending before Respondent No. 2.

Since the Petitioner limited their prayer during the hearing to seek a time-bound direction for the disposal of the pending representation (Annexure-P/3), and the respondents offered no opposition to this limited request, the Court found it appropriate to compel the administrative authority to perform its duty without adjudicating the underlying dispute.

The Court directed Respondent No. 2 (State Bar Council of Chhattisgarh) to consider and decide the Petitioners’ representation dated February 12, 2026 (Annexure-P/3), as expeditiously as possible and in accordance with the applicable laws and rules.

All pending applications were simultaneously disposed of.